N.Y. Public Health Law § 2958: Rural health care access development program

§ 2958. Rural health care access development program. 1. To the extent

of funds available therefor, the sum of ten million dollars shall

annually be made available for periods prior to January first, two

thousand three, and up to nine million three hundred twenty thousand

dollars for the period January first, two thousand three through

December thirty-first, two thousand three, up to nine million three

hundred twenty thousand dollars for the period January first, two

thousand four through December thirty-first, two thousand four, up to

twelve million eighty-eight thousand dollars for the period January

first, two thousand five through December thirty-first, two thousand

five, up to twelve million eighty-eight thousand dollars for the period

January first, two thousand six through December thirty-first, two

thousand six, up to eleven million eighty-eight thousand dollars

annually for the period January first, two thousand seven through

December thirty-first, two thousand ten, up to two million seven hundred

seventy-two thousand dollars for the period January first, two thousand

eleven through March thirty-first, two thousand eleven, and within

amounts appropriated for each state fiscal year on and after April

first, two thousand eleven, shall be available to the commissioner from

funds pursuant to section twenty-eight hundred seven-l of this chapter

to provide assistance to general hospitals classified as a rural

hospital for purposes of determining payment for inpatient services

provided to beneficiaries of title XVIII of the federal social security

act (Medicare) or under state regulations, in recognition of the unique

costs incurred by these facilities to provide hospital services in

remote or sparsely populated areas pursuant to subdivision two of this

section.

2. a. The commissioner shall provide assistance to all rural hospitals

as defined in this section by distributing all amounts made available

pursuant to section twenty-eight hundred seven-l of this chapter.

b. For the purposes of this subdivision, the commissioner shall devise

a distribution methodology that takes into account the need for rural

hospitals to improve operational efficiencies, reduce the duplication of

services, and develop affiliations with community based health care

providers and which recognizes whether a hospital is a federally

designated sole community hospital, rural referral center, rural

hospital, state designated rural hospital, or a hospital that is at

substantial financial risk of failure and whose service area is

threatened with reduced access to essential health services. In no event

shall the size of the rural hospital be the sole contributing factor in

such distribution methodology. Such methodology shall provide assistance

at graduated levels from highest to lowest, in accordance with the

following criteria:

(i) The hospital shall be at substantial risk of financial failure,

using a combination of generally accepted standard measures of financial

viability and which is:

A. a federally designated sole community hospital or a rural referral

center and is both a federally designated rural hospital and is

classified as a state rural hospital;

B. a federally designated sole community hospital or a rural referral

center and is a federally designated rural hospital;

C. both a federally designated rural hospital and is classified as a

state rural hospital, but is not a sole community hospital or a rural

referral center;

D. either a federally designated rural hospital or is classified as a

state rural hospital; or

E. the hospital is either a federally defined sole community hospital

or rural referral center.

(ii) The hospital is a sole community hospital or a rural referral

center and is both a federally designated rural hospital and is

classified as a state rural hospital;

(iii) The hospital is a sole community hospital or a rural referral

center and is a federally designated rural hospital, but is not

classified as a state rural hospital;

(iv) The hospital is both a federally designated rural hospital and is

classified as a state rural hospital but is not a sole community

hospital or a rural referral center;

(v) The hospital is either a federally designated rural hospital or is

classified as a state rural hospital; or

(vi) The hospital is either a federally defined sole community

hospital or a rural referral center.

c. The commissioner may include in regulation a factor to enhance the

distribution to those hospitals that have taken actions in accordance

with the goals specified in paragraph b of this subdivision to be

applied effective January first, two thousand one, except, however, in

no event shall the distribution of the funds be delayed because of the

development of the factor pursuant to this paragraph.

3. The commissioner shall cause reports to be prepared and submitted

by rural hospitals at such times and in such manner as are consistent

with the purposes of this section.